RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 185, 4 March 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. Giles, Esq., M.D-., KM.) Tuesday, March 3. dktxk and disorderly. George Jolinson* for this offence, was fined 10s or 12 hours' imprisonment. ASSAULT ON A CUTLD. George Brown was brought up on remand charged with criminally assaulting Mary Melville, a little girl of seven years of age. The evidence was taken with closed doors, but was of a sufficiently convincing nature to justify a commitment. Dr Giles therefore committed the prisoner for trial at the next Criminal Sittings of the Supreme Court at Nelson, and bound over the several witnesses in their own recognisances of £SO each to appear to prosecute. BERRY V. BEMISS. This was a re-hearing of a case heard before Mr Kynnersley on the 21st February last, in which plaintiff sui d defendant for ,£ls for damage done to a coach by defendant running his own coach against plaintiff's on the journey from Charleston on the 7th; the Magistrate on that occasion ordered a nonsuit. The application for a re-hearing was made on the ground of further evidence. Mr Tyler appeared for plaintiff ; Mr Pitt for defendant

Mr Bnrry, deposed—l am the proprietor of a coach running between the Buller and Charleston. On the 7th February, whilst on the Five-mile beach, the defendant drove his coach across towards me and ran into me damaging three of the spokes of my wheel. I have used the coach since without getting it mended, but it is not safe, and is liable at any time to meet with accident on account of the wheel being injured. I cannot get the wheel mended here. Bemiss was pulling his off rein at the time of the collision. I have not been able to carry full loads since. Mrs Madden, deposed to being a passenger by Berry's coach at the time of the collision, sitting on the box behind the driver. Saw Cobb and Co.'s coach drive across towards his, and looked round and saw the wheels strike, and splinters of wood fly. By Mr Pitt—l am sure Cobb's coach came up from behind us at the time of the collision. The coach I was in was going perfectly straight. James Hayes deposed—l was in Berry's coach at the time the accident occurred. Berry's coach was ahead of the other one, and keeping a straight course, when Cobb and Co.'s coach ran right into us. When we pulled up we found the spokes of the wheels broken. By Mr Pitt—A snag was ahead, and within a few feet of us at the time of the collision.

William Jones also corroborated last witness's evidence, and stated that, after their coach stopped, he examined the tracks—Cobb and Co.'s coach being of a zig-zag nature, and coming towards theirs, whilst their track was nearly straight. By the Court—Mrs Madden could have seen the wheel if she had put her head round the curtains. We were going fast. This was the case for the plaintiff Mr Pitt called Wm. Bemiss, who said—l am the driver of Cobb's coach. On the 7th I drove it on the road from Charleston to the Buller, on the Five Mile Beach. I was ahead when plaintiff's coach came up behind me and ran into me on the off-side. I felt the shock of the collision, but did not stop. I have had coaches damaged before, and the charge for putting spokes in is 5s each. By Mr Tyler—Plaintiff was galloping at the time of the collision. Prior to the accident, sometimes plaintiff's coach was ahead of me and vice verm. Prank Atkinson, deposed to being a passenger in Cobb's coach on the 7th February. At the time of the collision our coach was ahead. I was

-sitting with my back to the horses, and could see our wheels. Berry's coach came up on our off-side, and his near hind wheel struck our off-hind wheel. Our coach was going nearly straight. Berry's coach csmc up from the off or btish side, and described the arc of a circle, the convex part of the curve being towards our trade. By the Court—The ironwork seemed to touch. I heard no splintering of wood. Samuel Nicholls, who keeps the Half-way House, deposed to having been shown the damaged spokes a day or so after the accident, and spoke to the plaintiff, having used his coach Qver since the collision. By Mr Tyler—l cannot say whether ho had full loads since the accident. Ctoodfdlow, a wheelwright, said, the c ist of putting in new spokes would be 5s each ; and said that although there was no ironbark wood here there was plenty that would answer the purpose as well. This closed the case for the defence. Mr Tyler called Neave for the plaintiff, who deposed that he would not mend the wheel under £5 or £6, and said that if he had to send fur the wood it would take over £7. He also stated that the wheel was unsafe. Mr Pitt and Mr Tyler then addressed the Court for their respective clients, and Dr Giles, after recapitulating the evidence, which he remarked was of a very contradictory nature, gave judgment for plaintiff for £-4 and costs. MUXSON AND TYBRELL V. WAITE. This was a claim for £9 for advertisements, inserted by defendant's order in the Westport Times and Charleston Argus. Mr Tyrrell deposed to the insertion of the advertisements sued for, and called Mr Ilankins, the Editor of the paper at. its commencement, who stated that the advertisements were given him by Mr Waite, and were written by him and handed over to the proprietors of the paper for insertion by him as agent. •Mr "Waite, who appeared by his agent, admitted the insertion of the ■advertisements, but asked the witnesses "whether Waite had not given orders for their stoppage soon after Christmas. The Magistrate said there had been no defence made out, and gave judgment for the amount and costs. The Court was occupied some time further with civil and debt cases, but 'the Warden's cases were all adjourned 'until to-day at 10 a;m.